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Easements

Applying for an easement over state land

Easements over land may be granted for a specific purpose, including access, drainage, sewerage, or supply of water or gas.

Important: Read our Easement policy (PDF, 588KB) before proceeding.

Written approval from the Minister for Natural Resource and Mines is required to create an easement over unallocated state land, reserve land, deed of grant in trust land and state leases or occupation licences. The easement document must be signed by the Department of Natural Resources and Mines.

An easement can also be created over a state forest, but only for electricity purposes. An easement cannot be created over a road, including a road licence.

An owner of land (grantor) may grant an easement to another owner of land or public utility provider (grantee) for a specific purpose (e.g. access, drainage, sewerage, supply of water or gas).

How to apply

Your application should include:

To avoid processing delays, read the forms carefully and include all required information.

Lodging your application

You can lodge your application in person at your nearest business centre, by emailing to SLAMlodgement@dnrm.qld.gov.au or by posting it to Department of Natural Resources and Mines, State Land Lodgement, PO Box 5318, Townsville QLD 4810.

If a fee applies to your application, payment options are cash (in person only), EFTPOS (in person at some centres only), cheque (in person or by post), or credit card.

Cheques should be made out to the 'Department of Natural Resources and Mines' and marked 'not negotiable'.

If paying by credit card, attach a credit card payment form (PDF, 436.1KB). We will send you a receipt once we have established that your application meets all requirements and has been properly made.

Credit card payments are accepted in person, over the phone, or by Australia Post mail. Please do not send credit card payment forms by email.

How your application is assessed

We will assess your application against legislative requirements and our own policies, procedures and guidelines. We will seek the views of other stakeholders (e.g. state, regional and local agencies) and inspect the land if required.

Policies and legislation

Native title

Our review will also include an assessment of whether native title issues need to be addressed, and how this should be done. Depending on the outcome, you may be required to address native titles issues as a condition of the offer.

Other considerations

Please note that we do not support access easements:

  • over reserve land for recreation purposes or other reserve land used by the public where safety may be affected
  • that provide additional access to private land that already has dedicated access.

In some instances, we may need to amend the terms and conditions of the easement document.

We will also assess whether a consideration is payable to the state.

What happens next?

Once we have received the advice of other stakeholders and all issues, including native title, have been investigated, we will send you a written notice.

If your application is successful, the Minister's approval will not be given until the easement document has been signed by all parties and submitted to us along with a:

  • plan of survey, if required
  • payment of consideration, if required.

The Minister's approval for easements will be provided to you on a Titles Registry Form 18—General consent. This must be registered in the Queensland Titles Registry for the easement to be valid.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last reviewed
7 October 2016
Last updated
29 May 2014

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